O'Donovan v. City of Somerville

When O’Donovan, a Somerville firefighter, was injured in the performance of his duty, the city refused to grant his request for leave without loss of pay under G. L. c. 41, § 11 IF. The basis for the refusal was that, as previously scheduled and advised, O’Donovan was laid off from work the day after he sustained his injury. O’Donovan then brought this action under G. L. c. 231 A, seeking a determination of his right to pay and benefits from the city. Concluding that the plaintiff was entitled to pay until such time as the doctor designated by the city determined he could return to light duty…